Budget cuts could devastate Public Defender system

With $5.4 million in cuts slated on the state level, at least half of the public defender board districts across Louisiana will be forced into offering reduced services as others facing insolvency are pushed closer to the brink.
“There are at least 20 going under next fiscal year,” said State Public Defender Jay Dixon. “There’s nothing we can do about it. Some will actually run out of money before September.”
George Steimel, a lobbyist for the Louisiana Association of Criminal Defense Lawyers, said lawmakers are being made aware of the situation.
The cuts could result in the immediate loss of public defenders and, due to the lack of proper defense, put defendants in the position of either serving longer without bail or having to plead guilty just to get released, he said.
The timing couldn’t be worse. State funding accounts for around 40 percent of the overall budgets for public defender districts, with the rest coming from court costs, largely traffic violations.
That has proven to be an inconsistent source; police have to write tickets for the funding to be there.
Additionally, the growing trend of RICO cases in places like Baton Rouge and New Orleans are creating a need for private attorneys to be recruited to make sure defendants are represented individually, and the money has to come from the public defender budget.
“This is going to be devastating, no matter what the cut is,” said Steimel. “We have a structural problem with how we fund Louisiana’s public defense delivery system.”
Even before the administration announced its cuts, 27 public defender districts were expected to end the current fiscal year operating in a deficit, using one-time money to bridge the gap.
Another 12 were slated to become insolvent or dangerously close, according to a report from the Legislative Fiscal Office.
If there were no cuts at all next fiscal year, that number would still double. “There will be about 26,” said Dixon.
Only nine districts were expected to finish next fiscal year with enough accrued funds to post a surplus, but it’s unknown how the $5.4 million budget cut might affect that predicted outcome.
“The defense system is in free fall,” said Dixon. “The fear is that some enterprising lawyer might go to federal court and say this is not a lack of funding issue, but rather an entire system going south. Then the feds step in and have to fix it. We know how that’ll turn out. They won’t be gentle.”

Former Jindal
Aide Eyeing House

The vacancy being left by House Natural Resources Chairman Gordie Dove, R-Houma, as he term limits out and prepares to run for Terrebonne Parish President has created a must-watch race that has already pulled in one of Gov. Bobby Jindal’s former top advisors.
Jerome Zeringue finished his final day as chairman of the state’s Coastal Protection and Restoration Authority, and as Jindal’s top coastal aide, earlier this month. Zeringue, a Republican, is expected to make a formal announcement soon for House District 52.
“I’m considering it,” Zeringue told LaPolitics.
Also looking at the seat are former state Rep. Damon Baldone and J.J. Buquet, who owns Buquet Distributing in Houma, the region’s Budweiser bringer. Sources close to Buquet, a Republican, say he would have strong support from the business community and has been recruited by members of the community to run. He has made no official announcement as of yet, but is expected to make a strong run.
Baldone, meanwhile, is no stranger to the Legislature. He would be running in a new district, but his name and brand are well known, thanks in no small part to his marketing efforts as an attorney.
Asked if he would run as a Democrat, Baldone played up his conservative leaning, like being “100 percent pro-life,” and said, “Whether I’m independent, a Democrat or a Republican, I stand for the same principles.”

Lawmakers Looking
for Debt
Defeasance Plan

Several lawmakers have told LaPolitics that they’re hearing rumblings of a possible bond refinancing by the Jindal Administration to take advantage of low rates. The savings, among other pots of money and maneuvers, would then be used to put into play a debt defeasance plan.
It’s yet another idea being tossed around to address the state’s $1.6 billion budget shortfall for next fiscal year.
Whatever the means might be to pre-pay debt, sources say around $173 million is the administration’s target. That’s how much money they want to cobble together for the debt defeasance plan.
Asked to confirm, Commissioner of Administration Kristy Nichols said, “The only way to approach this year’s budget is to put everything on the table.”
She added that her office is still developing the final budget proposal and will present it to the Legislature on Friday.
The administration used a similar tactic to help balance the budget last session, when $210 million from several different pools of cash was used to pre-pay debt, which in turn freed up the same amount of unrestricted general fund money to use on operating expenses.
Critics like Treasurer John Kennedy have long decried debt defeasance as an “accounting gimmick,” especially if the money is not used to completely retire debts.

They Said It

A new class of politicos were inducted earlier this month into the Louisiana Political Hall of Fame in Winnfield. Here are a few remarks from the ceremony:

“I’m gonna be on legislative time tonight.”
-Former Rep. Peppi Bruneau, starting what was supposed to be a five-minute speech

“Never do anything that would embarrass your momma.”
-Bruneau, recalling the first words of advice offered to him by late Sen. John Hainkel

“The smartest two words, arguably, that a man has ever uttered are ‘Yes dear.’”
-Attorney General Buddy Caldwell

“In my wildest dreams you weren’t around for me to think about.”
-Former Rep. Juba Diez, recalling what his wife said when he asked her, in her wildest dreams, if she ever thought he would be in a hall of fame

For more Louisiana political news, visit www.LaPolitics.com or follow Jeremy Alford on Twitter @LaPoliticsNow.